Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Having regard to the Constitution, including article 38;
Vu le Social Security Codeincluding articles L. 241-3 and L. 244-8;
Vu le Labour code ;
Vu la Act No. 2014-1545 of 20 December 2014 on the simplification of business life and on various provisions for simplification and clarification of law and administrative procedures, including article 4;
Considering the views of the National Collective Bargaining Commission dated 18 December 2014 and 30 January 2015;
The State Council heard,
The Council of Ministers heard,
Order:
The title V of Book II of the first part of the Labour Code is amended as follows:
1° The title V is replaced by the following title: "Temporary Work Contract, Other Supply and Salary Delivery Contracts";
2° Section 7 of Chapter I including Article L. 1251-64 is repealed;
3° Chapter IV, entitled "Special Provisions" becomes Chapter V and its articles L. 1254-1 to L. 1254-13 become articles L. 1255-1 to L. 1255-13.
After chapter III of Book II of title V of the same code, a chapter IV is inserted as follows:
“Chapter IV
« Portage salarial
“Section 1
"Definition and scope of application
"Art. L. 1254-1.-The wage-bearing means the organized assembly consisting of:
« 1° On the one hand, the relationship between a company called “salary carrier” performing a benefit to a customer company, which gives rise to the conclusion of a commercial contract for the provision of wage porterage;
« 2° On the other hand, the contract of employment between the wage carrier and an employee designated as the “labour employee” which is paid by that company.
"Art. L. 1254-2.-I.-The worn employee justifies an expertise, qualification and autonomy that allows him to search for his own customers and to agree with them conditions for the performance of his performance and his price.
"II.-The employee carried shall be paid a minimum wage defined by an extended branch agreement. In the absence of an extended branch agreement, the minimum monthly remuneration amount is set at 75% of the monthly value of the social security ceiling provided for in theArticle L. 241-3 of the Social Security Code for a full-time activity.
"III.-The carrying company is not required to provide work to the employed employee.
“Section 2
“Terms and prohibitions on the use of wage-bearing
"Art. L. 1254-3.-The client enterprise may only use an employee for the performance of an occasional task that does not fall within its normal and permanent activity or for an ad hoc benefit requiring expertise that it does not have.
"Art. L. 1254-4.-I.-The benefit in the client company cannot be as follows:
« 1° To replace an employee whose employment contract is suspended as a result of a collective labour conflict;
« 2° To carry out certain particularly hazardous work on the list provided for in Article L. 4154-1 except as otherwise provided for in the same section.
"II.-The duration of this benefit cannot exceed the duration of thirty-six months.
"Art. L. 1254-5.-Service activities to the person referred to in section L. 7231-1 may not be subject to a contract of work in wage porterage.
"Art. L. 1254-6.-The provisions of titles III and IV of Book II of Part VIII shall not apply to the salary carriage exercised under the conditions defined in this chapter.
“Section 3
“Work contract
"Subsection 1
“Common provisions
"Art. L. 1254-7.-The employment contract is concluded between the wage carrier and the employee carried for a specified or indeterminate period.
"Art. L. 1254-8.-The only breach of the commercial contract for the performance of the wage carrier does not result in the termination of the employee's employment contract. The wage-carriage company is liable for the remuneration due to the employee being paid for the benefit performed under the conditions laid down in articles L. 1254-15 and L. 1254-21.
"Art. L. 1254-9.-The amount of the cash allowance referred to in sections L. 1254-15, L. 1254-21 and L. 1254-25 is defined by an extended branch agreement. In the absence of an extended branch agreement, it is set at 5% of the pay due to the wage and the allowance.
"Subsection 2
“The fixed-term employment contract
"Art. L. 1254-10.-The fixed-term employment contract is concluded between the wage carrier and the employee carried for the realization of a benefit in a customer business.
“Paragraph 1
“Fitting the term and duration of the contract
"Art. L. 1254-11.-The contract of work has a term fixed with precision from its conclusion.
"However, it may not include a specific term when the term of the object for which it was concluded is not known. It is then concluded for a minimum duration. Its term is the realization of the object for which it was concluded.
"Art. L. 1254-12.-The total duration of the fixed-term contract may not exceed eighteen months, if any, given the renewal under the conditions set out in section L. 1254-17.
"Art. L. 1254-13.-By derogation from Article L. 1254-12, to allow the employee to prospect new customers, the term of the contract may be deferred by agreement between the carrier and the employee carried for a maximum of three months.
“Paragraph 2
« Form, content and transmission of contract
"Art. L. 1254-14.-The contract of work shall be established in writing with the mention: “work contract in fixed-term wage-keeping”.
"Art. L. 1254-15.-The contract of work includes the following clauses and references:
« 1° Clauses and references relating to the relationship between the wage carrier and the employee carried:
“(a) The date of the term and, where applicable, a renewal clause when it includes a specific term;
“(b) Methods for calculating and disbursing remuneration, indemnity of intake of business, social and fiscal expenses, management fees and, where applicable, professional costs;
"(c) Where applicable, the deduction of professional costs;
"(d) The description of the skills, qualifications and areas of expertise of the employee being carried;
“e) The duration of the possible trial period;
“(f) The terms and conditions for the acquisition, taking and payment of leave with pay in accordance with the provisions of Articles L. 3141-1 and following;
“(g) The names and addresses of the supplementary pension fund and, where applicable, those of the pension agency under the salary carrier;
“(h) The periodicity of the establishment by the employee shall be reported of activity;
“(i) The identity of the financial guarantor of the wage carrier;
« 2° Clauses and records relating to the performance of the Salary Carrier Service:
“(a) The identity and address of the client company;
“(b) The description of the purpose of the benefit and its conditions of execution by the employee carried;
“(c) The duration of the service;
"(d) Where applicable, the minimum duration of the benefit and the nature of the event or objective result determining the termination of the contractual relationship, where the term is uncertain and linked to the realization of the benefit;
“e) The cost of the benefit agreed between the employee and the client company including the amount of compensation, the amount of cash indemnity, social and tax levies, management fees and, where applicable, professional fees;
“(f) The responsibility of the customer company for the conditions of performance of the employee's work carried, in particular the issues related to his health, safety and duration of work, during the performance of his or her performance in his or her premises or on his or her work site;
“(g) If applicable, the nature of the individual protection equipment made available by the customer company;
“(h) The identity of the insurer and the insurance number guaranteeing the civil liability subscribed on behalf of the employee carried for damage caused in the client company during the performance of the benefit.
"Art. L. 1254-16.-The contract shall be forwarded to the employee carried no later than two working days after the conclusion of the contract.
“Paragraph 3
“Renewal of the contract
"Art. L. 1254-17.-The fixed-term employment contract is renewable once a fixed-term period that, in addition to the original contract duration, cannot exceed the maximum period provided for in Article L. 1254-12, subject to the exemption provided for in Article L. 1254-13.
"The conditions of renewal are stipulated in the contract or are the subject of an avenor submitted to the employee before the original term.
“Paragraph 4
« Final provisions
"Art. L. 1254-18.-The provisions of Title IV of Book II of Part I of this Code are not applicable, except for sections L. 1242-10, L. 1242-16, L. 1243-1 to L. 1243-6 and L. 1243-8.
"Subsection 3
"Indeterminate employment contract
"Art. L. 1254-19.-Indeterminate employment contract is concluded between the wage carrier and the employee carried for the realization of benefits in one or more customer enterprises.
"The provisions of titles I, II and III of Book II of Part I of this Code shall apply to this contract, subject to the provisions of this subsection.
"Art. L. 1254-20.-The contract of employment shall be established in writing with the mention: “work contract in undetermined wage delivery”.
"Art. L. 1254-21.-I.-The contract of employment includes the clauses and mentions relating to the relationship between the carrier and the employee carried:
« 1° Methods for calculating and paying compensation due to the employee for the performance of the benefit, the indemnity of indemnity of business, social and tax levies, management fees and, where applicable, professional fees; these terms and conditions are applied at the price of each benefit agreed between the employee and the client enterprise referred to in the 5th of Article L. 1254-23;
« 2° Where applicable, the deduction of professional costs;
« 3° The description of the skills, qualifications and areas of expertise of the employee being carried;
« 4° The terms and conditions for the acquisition, taking and payment of leave with pay determined in accordance with the provisions of sections L. 3141-1 and below;
« 5° The duration of the possible trial period;
« 6° The names and addresses of the supplementary pension fund and, where applicable, those of the pension agency under the salary carrier;
« 7° The periodicity of the establishment by the employee shall be reported of activity;
« 8° The identity of the financial guarantor of the wage carrier.
"II.- Periods without benefit to a customer business are not paid.
“Section 4
"The commercial contract for the delivery of wages
"Art. L. 1254-22.-The salary carrier concludes with the employee's customer business carried a commercial contract for the performance of the wage carrier no later than two working days after the commencement of the service. This contract takes the essential elements of the negotiation of the benefit between the employee and the customer company.
"The carrier shall send a copy of the contract to the employee by any means within the same period of time.
"Art. L. 1254-23.-The written contract includes the following clauses and references:
« 1° The identity of the employee carried;
« 2° The description of the skills, qualifications and areas of expertise of the employee being carried;
« 3° The description of the benefit and its conditions of execution by the employee carried;
« 4° The date of the end of the benefit and, where applicable, the minimum duration of the benefit when the term is uncertain and linked to the delivery of the benefit;
« 5° The price of the benefit agreed between the employee and the customer enterprise;
« 6° The responsibility of the customer company for the conditions of performance of the employee's work carried, in particular the issues related to his health, safety and duration of work, during the performance of his or her performance in his or her premises or on his or her work site;
« 7° If applicable, the nature of the individual protection equipment made available by the customer company;
« 8° The identity of the financial guarantor of the wage carrier;
« 9° The identity of the insurer and the insurance number guaranteeing the civil liability subscribed on behalf of the employee carried for damage caused in the client company during the performance of the benefit.
“Section 5
"The salarial carrier
"Art. L. 1254-24.-The salarial carrier exclusively carries out the salarial carrying activity.
"Only a wage-harvesting company can enter into wage-harvesting contracts.
"Art. L. 1254-25.-The wage-carrying company sets up and manages for each employee an activity account.
"The employee is notified once a month of the items charged to the account, including:
« 1° any payment made by the customer company to the carrier for the realization of its benefit;
« 2° Details of management costs;
« 3° Professional costs;
« 4° Social and tax levies;
« 5° Net remuneration;
« 6° The amount of the cash allowance.
"Art. L. 1254-26.-I.-The salarial carrier at any time justifies a financial guarantee ensuring, in the event of a failure on its part, the payment:
« 1° Salaries and accessories;
« 2° Compensation resulting from this chapter;
« 3° Mandatory contributions from social security agencies or social institutions;
« 4° Reimbursements that may, if any, be the responsibility of employers with respect to social security agencies and social institutions under the conditions provided for in theArticle L. 244-8 of the Social Security Code.
"II.-The financial guarantee can only result from a bond undertaking made by a mutual bond corporation, a collective guarantee agency, an insurance company, a bank or a financial institution authorized to give bail.
"It is calculated as a percentage of the annual payroll of the interested company, without being less than a minimum set annually by decree, given the average salary changes.
"III.-The wage-carrying company shall provide the employee's customer company, upon request, with a certificate from the social security agencies specifying its situation with regard to the recovery of the levies due to these organizations.
"Art. L. 1254-27.-The contracting contractor's activity may only be carried out after a declaration made to the administrative authority and obtain the financial guarantee.
"A decree in the Council of State determines the content and modalities of the declaration provided for in this article.
"Art. L. 1254-28.-The obligations relating to occupational medicine are the responsibility of the salary carrier.
"Art. L. 1254-29.-To calculate the number of employees of a salary carrier, it shall be taken into account:
« 1° Functional permanent employees of this company determined in accordance with Article L. 1111-2;
« 2° Employees who have carried out salary delivery services in the context of work contracts with the company for a period of at least three months in the last calendar year.
"Art. L. 1254-30.-For the application of statutory provisions to employees who refer to a condition of seniority in the wage carrier, the seniority is appraised by totaling the periods during which these employees carried out salary delivery services in the framework of work contracts concluded with this company.
"Art. L. 1254-31.-For the purposes of the provisions laid down in 1° of Article L. 6322-63, the minimum duration of the presence in the wage-harvesting company of the employees carried is estimated by totaling the periods during which the employees carried out wage-harves in the framework of work contracts concluded with that company. »
Book III of the second part of the Labour Code is thus amended:
1° After the article L. 2314-17, an article L. 2314-17-1 is inserted as follows:
"Art. L. 2314-17-1.-In salarial carriers, seniority conditions are, for employees in wage-carriage, three months to be an elector and six months to be eligible.
"These conditions are appreciated by totaling the periods during which these employees have performed salary delivery services in the framework of work contracts with these companies during the twelve months or eighteen months preceding the election, as they are electorate or eligibility.
"This period is reduced to six months in the event of the creation of a business or establishment opening. » ;
2° After the article L. 2314-18-1, an article L. 2314-18-2 is inserted as follows:
"Art. L. 2314-18-2.-In the salarial carriers, all employees are eligible for election or eligible for election to meet the seniority requirements defined by both Article L. 2314-17-1 and other provisions of the applicable texts and performing at the time of the preparation of the lists a delivery service in the framework of a work contract with the company. » ;
3° After the article L. 2324-16, an article L. 2324-16-1 is inserted as follows:
"Art. L. 2324-16-1.-In salarial carriers, seniority conditions are, for employees in wage-carriage, three months to be an elector and six months to be eligible.
"These conditions are appreciated by totaling the periods during which these employees have performed salary delivery services in the framework of work contracts with these companies during the twelve months or eighteen months preceding the election, as it is electorate or eligibility.
"This period is reduced to six months in the event of the creation of a business or establishment opening. » ;
4° After the article L. 2324-17-1, an article L. 2324-17-2 is inserted as follows:
"Art. L. 2324-17-2.-In the salarial carriers, all employees are eligible for election or qualifying for wage-carrying satisfying the seniority requirements defined by both Article L. 2324-16-1 and other provisions of the applicable texts and performing at the time of the preparation of the lists a delivery service within the framework of a work contract with the company. »
After article L. 3322-4 of the same code, an article L. 3322-4-1 is inserted as follows:
"Art. L. 3322-4-1.-For the assessment of the threshold of fifty employees, the number of employees usually employed by the wage carriers referred to in sections L. 1254-1 and following is calculated by adding to the number of permanent employees of the wage carrier the average number per working day of the employees who have carried out wage-carriage benefits in the course of a work contract entered into with this undertaking. »
After the second paragraph of Article L. 3342-1 of the same code, it is inserted a paragraph as follows:
"The employee referred to in sections L. 1254-1 and following shall be deemed to have three months of seniority in the carrier or in the group that employs the employee if he or she has made a benefit in a customer business for a total period of not less than sixty days in the last fiscal year. »
Paragraph 5 of subsection 2 of section 1 of chapter III of title II of Book III of Part II of the Code is amended as follows:
1° The title of the paragraph is replaced by the following title: "Use of fixed-term contracts, temporary work and contracts with a salary carrier";
2° In the first paragraph of Article L. 2323-17, after the words: "specified duration" are inserted the words: ", to contracts concluded with a wage carrier".
At 1° of the article L. 8241-1 of the same code, the words: "at the wager" are deleted.
An extended branch agreement may foresee, for employees reported to theArticle L. 1254-2 of the Labour Code Based on this Order, the adjustment of the amount and distribution of the contribution paid by employers of ten or more employees for their participation in the financing of continuing vocational training. This amount may not be less than 1.6% of the amount of remuneration paid during the current year and the distribution of the contribution may not be less than the minimum portions allocated under statutory or regulatory provisions for the financing of the parity fund for the securing of professional courses, individual training leave, personal training account, training plan and professionalization.
The Prime Minister and the Minister of Labour, Employment, Vocational Training and Social Dialogue are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.
Done on April 2, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
